Grounds for Khul’ in Islamic Law: A Critical Examination of Nigerian Case Law and Practice

Abstract

Islamic law has been facing criticisms from people who knew nothing about the religion of Allah, especially on matters relating to women. The fact that talaq is the right of man to determine the fate of the marriage contract between him and the wife. Islamic law gives a woman the right to seek for release from a marriage tie whenever there is no harmony between her and her husband. Khul’ is a form divorce initiated by the wife under Islamic law after having paid or refund the mahr to the husband and is recognised by Nigerian’s courts. This article critically examines the concept of khul’ discusses the distinction between khul’ and talaq. The article highlights the rights of a woman under khul’. The article analyses key cases that were decided by Nigerian courts on khul’ stressing on the grounds upon which can be granted. Doctrinal methodology was adopted in this article. It is the finding of this article that a woman can redeem herself from a marriage tie by paying consideration, if there is no harmony between the parties or where the wife established shiqaq (discord) or darar (harm). It is therefore among others recommended that awareness should be created for women to know that they have the right of release from a marriage tie.